The fatal and serious injury crashes and crash rates per mile traveled have been rising in the United States, disproportionately affecting non-motorized road users. According to the National Highway Traffic Safety Administration (NHTSA), annual traffic fatalities increased from approximately 32,000 in 2014 to nearly 41,000 in 2023.

To address this trend, one of the most important federal policy responses is the Safe System Approach—a holistic, proactive strategy designed to prevent deaths and serious injuries on roadways. This approach recognizes that human error is inevitable and emphasizes the creation of a system in which such errors do not result in fatal or serious injuries. It promotes shared responsibilities among road users, vehicle manufacturers, road designers and operators, law enforcement, and post-crash care providers.

Central to the Safe System Approach is the design of roads that are self-enforcing and self-explaining—encouraging safe behaviors and minimizing the forces involved in crashes to reduce the risk of severe outcomes.

However, some practitioners and state departments of transportation are concerned that the principle of “shared responsibility” and proactive approaches could increase tort liability exposure and complicate the legal responsibilities of engineers and planners to protect the public. At present, up-to-date, well-documented guidance on tort liability is needed for legal counsel and transportation professionals as it relates to proactive safety strategies, such as the Safe System Approach. The liability concerns may lead some agencies to avoid implementing roadway changes that could change driving operations and improve safety for all road users, particularly non-motorized users.

The objective of this research is to examine existing legal frameworks surrounding tort liability and professional responsibility as they relate to the adoption of proactive safety strategies in roadway planning and design. The final product of the work will be a comprehensive guide for legal counsel and transportation agencies, which could include:

·       Tested strategies for navigating different liability contexts while successfully implementing proactive safety and active transportation improvements,

·       Best practices in reducing tort liability and meeting professional responsibilities to support safety outcomes,

·       Well-developed tort risk mitigation strategies, and

·       Tools for communicating this complex topic to decision-makers and staff.